Refund for Used Vehicle and Fair Usage per mile Rate

paul_c123

They can't determine what the source of the oil leak is until they get it to a garage to look at it, so the not using/little use/a lot of use is a bit academic. Obviously, a minor oil leak in itself doesn't render a car dangerous or unroadworthy, but running out of oil would. You are regularly checking the level?

45p/mile is based on an average and is typically what judges think is fair, despite it being based on a different basis. If they don't want to negotiate it you can't force them, except by going to court over it and seeing what happens.

PTP123

If you carried on using the vehicle after reporting the fault and they have evidence of this then you could be in for a fight……and rightly so. You are being irresponsible!

With regard to the mileage charge the 45p rate that gets used quite often is going to be more relevant now HMRC have upped their rate to 55p

paul_c123

I think some people are missing the point here. The dealership has a duty to replace/repair/refund (the car) if faulty/etc. There was a fault within 6 months - the clock has stopped on the claim. They have not adequately repaired the original fault, so now they are offering a conditional refund. There is provision in law for the dealer to make a reasonable deduction for fair use of the car, but the figure is not detailed in law, so it needs to be either agreed between all parties, or "reasonable".

If the consumer doesn't accept the refund deduction as reasonable, then he is not accepting the refund, therefore the situation is the dealership has offered a refund (fulfilled its obligations in law), the consumer has not progressed with it.

There's nothing to say the consumer needs to abide by conditions ie stop using the car at this point. They can't be punished for using the car, they own the car. If it were the case that an amount WAS agreed, and it was simply awaiting collection, that is an entirely different matter.

The only way to progress, would be to take the dealership to court at this point, arguing that they had not adequately refunded. The consumer doesn't get to choose repair/replace/refund option. The dealership doesn't get to impose conditions if the consumer doesn't progress the lawful recourse.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82161642#Comment_82161642

But they have rejected the vehicle and therefore they dont own it so they are using the garage's vehicle without consent. The only debate at this point is how much the fair use deduction should be. Continuing to use the vehicle is either taking without consent or an indication that they have decided not to reject the vehicle in the end.

PTP123

https://forums.moneysavingexpert.com/discussion/comment/82163158#Comment_82163158

There's also the known oil leak.

I don't think you can report a fault and carry on using the vehicle when it's something important like that

paul_c123

https://forums.moneysavingexpert.com/discussion/comment/82163158#Comment_82163158

It’s not been rejected- OP had a chance to do that (since the dealer only gets 1 chance to repair it) but instead, asked them to fix the oil leak; and the dealer has countered with a refund minus deduction.

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/82161098#Comment_82161098

It's easy for the dealer to say don't use it, but what that the dealers solution before refund given.
As if OP didn't use it, then currently no car, no refund and OP out of pocket due to breach if have to hire car or use taxi.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82163943#Comment_82163943

The OP. Could damage the further by using it.

It is the OP’s decision not to accept the refund so any delay is his fault.

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/82163948#Comment_82163948

The dealer doesn't get to dictate the refund amount unless it's 100%, otherwise it could offer anything even £1 and state well I offered a refund.